Legal Opinion

Menefee v. Bell

Missouri Court of Appeals

Decided May 20, 1895PublishedCited by 2 opinions

Appeal from the Jacltson Circuit Court. — Hon. J. H. Sloveb, Judge. (1) The court erred in holding that the writing on back of ordinance number-1148 was a certificate of the board of public works, for the reason it is simply a statement in writing of certain individuals and does not purport to be done by the board of public works as a board. A resolution, to be evidence, should be signed by the president and attested by the secretary.

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Appeal from the Jacltson Circuit Court. — Hon. J. H. Sloveb, Judge. (1) The court erred in holding that the writing on back of ordinance number-1148 was a certificate of the board of public works, for the reason it is simply a statement in writing of certain individuals and does not purport to be done by the board of public works as a board. A resolution, to be evidence, should be signed by the president and attested by the secretary. This was not done in this case, therefore it was not competent evidence of the acts of the board of public works. (2) The court erred in admitting tax bills in…

1Opinion of the CourtGtill, J.

This is an action on certain special tax bills issued for the construction of a district' sewer in Kansas City. On a trial by the court below, without the aid of a jury, there was judgment for plaintiff, and defendants appealed.

I. The first objection raised relates to the sufficiency ■of the certificate indorsed by the board of public works on the ordinance providing for the construction of the *662sewer. The city charter of 1889 required the board of public works to establish a system of sewers for the entire city. Sec. 9, art. 6. And then, in order to secure the construction of sewers in…

2Cases cited3 opinions

  1. McQuiddy v. VineyardMissouri Court of Appeals · 1895
  2. Guinotte v. RidgeMissouri Court of Appeals · 1891
  3. Dollar Savings Bank v. RidgeMissouri Court of Appeals · 1895

3Cited by2 opinions

  1. Cushing v. PowellMissouri Court of Appeals · 1908
  2. Neil v. RidgeSupreme Court of Missouri · 1909

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